GUDDI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Restoration Application (MCC) No. 1640 of 2018 as preferred by the petitioner for seeking recall of the order dtd. 17/11/2018, dismissing the writ petition in default is allowed. The grounds shown for absence have been satisfactorily explained and consequently the writ petition is restored to its original number.

(2.) After restoring the writ petition to its original number, the writ petition is being proceeded to be heard on merit with the consent of the parties. The petitioner in the present writ petition who claimed herself to be the Up-Pradhan of the Village Panchayat Sabha, Markham Grant, Tehsil Doiwali, District Dehradun has instituted the writ petition on the ground that the land lying in Khata No.117, which is recorded as Banjar land in the revenue record as Shreni 5(3) bearing Khasra No. 2798 having an area of 0.837 hectare is being sought to be encroached upon by respondent Nos. 1, 2 and 3, without adopting the due process of law as provided under Sec. 117(6) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the U.P. Z.A. and L.R. Act").

(3.) At this stage, it is relevant to make it clear that this ground of non compliance of provisions contained under Sec. 117(6) of the U.P. Z.A. and L.R. Act is not the ground of challenge raised by the petitioner in the writ petition has been pleaded as such in the petition, while praying for the following reliefs:-